N.Y. Comp. Codes R. & Regs. tit. 18 § 325.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 325.2 - Eligibility survey deductions

(a) Basis for deductions. Deductions shall be scheduled when for the survey period it is found the case record:

(1) contains evidence that a recipient was not eligible for all or part of the assistance granted; or

(2) fails to substantiate eligibility in whole or in part; or

(3) reveals errors in computation of the amount of assistance granted; or

(4) indicates assistance was granted for purposes not authorized by Social Services Law and department regulations, or, if authorized, not subject to State or Federal aid.

(b) Period and amount of deductions. When it is established ineligibility occurred during the survey period, the scheduling of case deductions shall be limited ordinarily to a period not to exceed two years. The amount of case deductions shall be computed in accordance with established criteria.

(c) Protest of deductions. Protests of eligibility survey deductions shall be made in accordance with the instructions of the department within the time limits set by department regulations.

(d) Final deductions. Eligibility survey deductions shall not be subject to further protest or adjustment:

(1) if they are not protested within the time limit allowed; or

(2) if the protests are denied.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 325.2